How Do I File for Divorce in New Mexico

Here are the basic forms you'll need to file and steps you'll need to take to start the divorce process in New Mexico.

If you’ve decided to file for divorce, you probably have a few
questions about the legal process. This article provides an overview of
some important terms used in a divorce, and information about how to get
started. If you have specific questions, you should contact an
experienced attorney for help.

Getting Started

In New
Mexico, divorce is also referred to as the “dissolution of marriage,” so
you may see that term used in divorce paperwork or on court websites.
The spouse that files for (requests) divorce is called the “petitioner,"
and the other spouse is the “respondent.”

New Mexico does have a
residency requirement, so at least one spouse must be a New Mexico
resident for at least 60 days prior to the filing of the divorce.

To
begin the divorce process, the petitioner must complete one of two
forms: a "Petition for the Dissolution of Marriage Without Children," or
a "Petition for Dissolution of Marriage With Children" (if the family
has children under 19 who are still in high school).

Filing the Divorce Paperwork

Once
the petition and an "Information Sheet" are completed, the petitioner
files these papers in the judicial district court for his or her county.
New Mexico has 13 judicial districts, with each court covering several
counties. You can find links to most of the 13 judicial district court
websites by going to the state judicial branch website at www.nmcourts.com.

At
the time of filing, the petitioner must either pay a filing fee to the
court (payable in cash or money order), or request a fee waiver.

Serving the Petition

When
you go to court to file your paperwork, it’s a good idea to bring
multiple copies of the petition with you. The court clerk will stamp
your copies, which you’ll then “serve” on your spouse. “Service” means
that the other spouse will receive a copy of the divorce petition in a
court-approved manner.

Under New Mexico law, the respondent spouse may be served by any of the following methods:

receiving a court-stamped copy of the petition from any person over the age of 18

receiving
a court-stamped copy of the petition from the county sheriff where the
respondent lives or works (the sheriff charges a fee for this service),
or

receiving a court-stamped copy of the petition by U.S.
certified mail, restricted delivery, return receipt requested. This
means that the post office will require that only the respondent sign
for the copy, and you will receive proof of delivery with the “return of
the receipt,” (this proof of delivery is the green card).

After
the respondent has been served, the petitioner should file the proof of
service with the court. For example, if the respondent signed the green
proof of delivery card, and it was returned to the petitioner, that
green card should be given or mailed into the court clerk’s office as
proof that the respondent actually received a copy of the divorce
petition.

If the sheriff serves the respondent spouse, the sheriff will provide the paperwork necessary to prove service.

Finally,
if a third party (over 18) serves the divorce paperwork, the petitioner
should have that person write on an extra court-stamped copy of the
petition that he or she delivered the paperwork to the respondent
spouse.

The Response

The respondent spouse should complete
an appearance form and a written response to the divorce petition
within 30 days of service of the petition. In the response, the
respondent can either agree or disagree with what the petitioner has
stated in the divorce petition. The respondent must deliver the original
response to the court and send a copy to the petitioner.

Mandatory Financial Disclosures

Both spouses must exchange certain financial information no later than 45 days after the petition is filed.

One
of the financial disclosure forms, called the “Notice of Compliance
with Rule 4-123 NMRA,” lists all of the other financial forms that must
be exchanged. The mandatory financial disclosure requires both spouses
to produce information about:

individual and joint assets

individual and joint debts

income, such as income from wages, self employment, and passive investments, and

expenses.

Helpful Resources

Information on the divorce process

You can find a wealth of information on the divorce process and related issues in our section on New Mexico Divorce and Family Laws. If you're in the initial phases of a divorce, see our section on Getting Divorced for introductory articles on important topics you'll want to understand.

Where to find the divorce forms

The
official approved forms for divorce are somewhat buried on the court
website. The easiest way to access the forms is to go to the judicial
branch website at www.nmcourts.com.
Once there, click on the link for the "Supreme Court Law Library" which
is under the listing “Court Sites.” At that link, click on the yellow
box for “New Rules and Divorce Forms.” The forms are "Rule Set 4A,
Domestic Relations Forms." These forms must be printed out to be filled
in either by hand or typewritten.

In-person resources

Some
of the judicial courts hold free seminars on representing yourself in a
divorce. For example, the first judicial court holds a Saturday morning
seminar and for a fee, it provides informational packets with the
court-approved forms.

There are also court-sponsored “settlement
facilitation” services. These sessions offer self-represented couples a
chance to meet with an experienced, neutral third party, usually a
trained mediator or attorney, who can help them reach an agreement on
the terms of their divorce.

Online resources

The
state judicial branch has links to the online judicial district
websites. For the judicial districts that have websites, each has its
own unique format and content. Some judicial districts do not have any
website at all.